Contract No.: ______________
Approved: ______________
01225.0001/863604.2 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
RUTH VILLALOBOS & ASSOCIATES, INC.
(Section 408 Permit Acquisition and Other Related Services for Pine Stage 3 Project) THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 7th day of November 2023 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Ruth Villalobos & Associates, Inc. (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Chino’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall 01225.0001/863604.2 2
follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the scope of work included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring and Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined 01225.0001/863604.2 3
by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Project Manager.
1.7 Software and Computer Services.
If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Services.
City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. 01225.0001/863604.2 6
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Eighty-Seven Thousand Seven Hundred Ninety-Seven Dollars ($187,797) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.
All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
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(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.
Consultant shall also submit a list of the prevailing wage rates for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
2.6 Contingency of Funds.
Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement. 01225.0001/863604.2 8
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than November 7, 2024, except as otherwise provided in the Schedule of Performance (Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional two (2) years at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Ruth Villalobos President / Principal-in-Charge
(Name) (Title)
Juan Villalobos Project Manger
(Name) (Title)
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It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Project Manager.
The Project Manager shall be the Director of Development Services or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant 01225.0001/863604.2 10
shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this 01225.0001/863604.2 11
Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an 01225.0001/863604.2 12
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 01225.0001/863604.2 13
(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
01225.0001/863604.2 15
6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. 01225.0001/863604.2 16
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in 01225.0001/863604.2 17
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages. 01225.0001/863604.2 18
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
01225.0001/863604.2 19
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such 01225.0001/863604.2 20
liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent 01225.0001/863604.2 21
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
01225.0001/863604.2 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Warren Morelion, AICP
Director of Development Services
CONSULTANT:
RUTH VILLALOBOS & ASSOCIATES, INC.
By:
Name: Ruth Villalobos
Title: President
By:
Name:
Title:
Address: 3602 Inland Empire Boulevard
Suite C310
Ontario, CA 91764
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 01225.0001/863604.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.
II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
City of Chino
Request for Proposal No. 2023-8006
City of Chino Regulatory Permitting
Services
Pine Avenue Widening/Stage 3 Project
Ruth Villalobos & Associates, Inc.
3602 Inland Empire Blvd, Suite C310
Ontario, California 91764
WOSB/SBE/DBE
September 26, 2023
EXHIBIT A-1
Ruth Villalobos & Associates, Inc.
September 26, 2023
City of Chino
13220 Central Avenue
Chino, CA 91710
Subject: City of Chino Regulatory Permitting Services – Request for Proposal No. 2023-8006 Dear City:
Ruth Villalobos & Associates, Inc. (RVA) is excited to present our qualifications and provide our professional services in support of the City of Chino Regulatory Permitting Services – Request for Proposal No. 2023-8006.
RVA recognizes that to be a true partner with the City requires a Consultant that understands your needs and expectations – both in terms of quality of work and in timely delivery.
RVA has assembled a highly skilled team with the institutional knowledge and relevant experience required to meet the dynamic changes occurring within the City. RVA brings a “fresh” team of professionals with real-life experience, existing relationships with the City and a thorough understanding of the regulatory permitting and USACE Section 408 Permission processes required to efficiently and effectively deliver a high-quality product. The RVA team is poised to assist the City in collaborating to deliver an integrated solution to this challenge.
RVA’s in-house professionals bring the expertise, dedication and flexibility to successfully complete your projects associated with the Pine Avenue Widening / Stage 3 project. The RVA team provides:
➢ An experienced, local Project Manager. Juan Villalobos has over 35 years of experience on similar scope of services (regulatory permitting, environmental permit compliance, environmental documentation, and mitigation) for flood control facilities within the southern California area. Juan had a previous 20-year career with the US Army Corps of Engineers, Los Angeles District and currently manages multiple environmental and regulatory permitting services contracts. He brings reputable negotiating skills and a strong commitment to advocating, as legally allowable, for the best interest of the City. ➢ Principal-in-Charge/QAQC who knows the City of Chino. Ruth Villalobos retired as the former Chief of Planning Division and former Chief of Environmental Resources Branch with the US Army Corps of Engineers, Los Angeles District, after 34 years of service. During her tenure, Ms. Villalobos lead the overall environmental and permitting efforts for completion and approval on many USACE/local jurisdictional agencies, including within Prado basin.
She brings a working history at the USACE Los Angeles District and a long-standing relationship with the USACE combined with her in-depth knowledge of the Section 408 3602 Inland Empire Blvd., Suite C310, Ontario, CA 91764 ◆ (909) 245-1127 ◆ www.rvacorp.com September 26, 2023
City of Chino Regulatory Permitting Services – Request for Proposal No. 2023-8006
Permission process which will help to expedite the Pine Avenue Widening project. ➢ A trusted leader in the environmental arena. RVA has earned the trust of our clients through our company values and attributes which includes being highly respected/ recognized by our peers; our reputation is built on each project success; not a “Big Box” consulting firm; applying ‘Critical Thinking’ throughout the process; ability to mediate contentious situations, as an extension of the City team. ➢ An Excellent Track Record of Meeting Schedules and Budgets. RVA has a Management Approach Plan that has been proven on past projects to be effective in meeting or exceeding client goals for completing projects on or ahead of schedule and within or below budget.
With the foregoing and information presented in the following submittal, we trust you will recognize the value the RVA team can contribute as a partner to the City. RVA offers the “right team”, with the “right experience” to apply the “right lessons learned” to getting the project completed “right the first time.”
I will represent Ruth Villalobos & Associates, Inc., a California Corporation, in all matters pertaining to this contract. RVA will bear the sole and complete responsibility for all work. I am authorized to negotiate, sign and bind RVA in all contractual matters.
Our proposal shall remain valid for a period of not less than 120 days from the date of submittal.
I attest all information submitted with our proposal is true and correct. Should you need additional information or have questions regarding this submittal, please contact me at [email protected] or any time on my office/cell at (909) 685-5942. We appreciate the opportunity to submit our qualifications and we are ready to begin work immediately upon selection.
Respectfully,
Ruth Villalobos
President Contact Information:
Ruth Villalobos, President
3602 Inland Empire Blvd, Suite C310
Ontario, CA 91764
Office/Cell: (909)685-5942
Fax: (909)245-1757
[email protected]
http://rvacorp.com
City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
September 26, 2023 Page | 1
EXPERIENCE AND QUALIFICATION
Ruth Villalobos & Associates, Inc. (RVA) is a Ruth Villalobos & Associates (RVA) was incorporated in 2012 and is a certified Woman-Owned Small Business (WOSB), Small Business
Enterprise (SBE) and California Disadvantaged Business
Enterprise (DBE). RVA has professional history and experience working within the City of Chino (City) and vicinity. RVA brings a vast amount of experience with urban environment and river corridors, including within the Prado Basin. RVA understands the evolving processes that are refining the City of Chino (City) and can provide high-quality support to the City by collaborating to deliver high integrated Regulatory Permitting resources solutions. Led by Ms. Ruth Villalobos, who has over 40 years of direct City experience, RVA understands that the dynamic changes occurring within the City in general require a modern, proactive approach to address and resolve new complexities in Environmental and Regulatory Permitting Compliance.
RVA is recognized as an industry leader for our professional environmental planning consulting services and is highly respected by its peers and provides a full range of environmental and planning services for various types of projects. RVA is recognized in the Federal, State of California and private industry for professional Water Resources Planning, Environmental and Regulatory Permitting Services with emphasis on water and soil treatment, air quality, greenhouse gas and climate change, water infrastructure, stormwater management, capital improvement, land development, transportation and maintenance projects.
RVA has experienced professionals that specialize in preparing Feasibility Phase studies, defensible NEPA; Regulatory Permits and facilitating and negotiating all required permits through the agencies’ process; Environmental Permit Compliance; Mitigation planning, design, surveys, monitoring, tracking, and reporting; and Community Outreach and Public Relations for public and private clients.
RVA brings over 125 combined years of specialized experience and qualifications in preparing environmental documents for regulatory permitting and compliance. Also, RVA has successfully assisted clients in obtaining the approval of over 70 Section 408 Company: Ruth Villalobos
& Associates, Inc.
Office:
3602 Inland Empire Blvd,
Suite C310, Ontario, CA
Service Years: 10+
Certifications:
• WOSB, SBE, DBE
Services Provided:
Environmental
• CEQA/NEPA
• Biological Resources
• Mitigation
• Jurisdictional
Delineation
• Cultural Resources
• Air Quality/Noise/GHG
• Water Quality
Assessment
Permitting
• Section 401, 404, 1600
Permits & Compliance
• USACE Section 408
Planning
• Multi-Use Trails
• Feasibility Studies
• Land Use
• Program Development
• Water Conservation
• Watershed
Management
• Stormwater Capture
Community Outreach
• Public Relations and
Participation
City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
September 26, 2023 Page | 2
Permissions from U.S. Army Corps of Engineers (USACE) for the modification within USACE constructed projects or within their right-of-way.
RVA understands the City is seeking a consultant, specifically RVA, who possesses the qualifications for Regulatory Permitting Services, including USACE Section 408 Permission and the capability to interpret the agency’s requirements and policies. Successful completion of the regulatory permits, including Section 408 Permissions, requires RVA’s highly respected subject matter experts, coupled with a thorough understanding of the resource agencies, including USACE, principles and practices of relevant laws underpinning the process with a proven track record.
RVA strives to understand the City’s goals for each task assignment; focus on integrating creative planning solutions with sound implementation principles; and instill open communication in an effective, collaborative manner to produce a deliverable that meets or exceeds the client’s expectations.
RVA is committed to making the City’s projects high priority, providing value-added as advisors to the City, providing quality service and products, being responsive to inquiries, being efficient and effective on executing projects, providing active communication, facilitating or leading agency coordination, and striving to exceed project expectations for the duration of this contract.
RVA understands the following:
✓ Key team members critical to the completion of a task assignment will not be replaced without the coordination and concurrence of the City’s Project Manager. RVA commits to the City on the availability of our resources and will place a high priority on meeting the services required for all projects.
✓ RVA team’s Project Manager shall interact with, and take formal direction from City staff with respect to the delivery of all services under the Consultant Services Agreement. ✓ All professional staff provided by RVA for a project shall be approved by the City and shall not be removed or replaced without prior consent by the City. If a change in personnel is necessary, RVA shall submit the name and resume for the proposed replacement for City approval 30 calendar days prior to the effective day of the change. In addition, RVA shall commit to the City that any shift presented and accepted by the City on a project shall remain committed to the project as long as they remain employed by RVA. ✓ City reserves the right to change personnel from the RVA team, if is deemed necessary. ✓ The Project Manager, Juan Villalobos, is an owner and employed with RVA and is located in Southern California.
RVA will serve as the Prime Consultant for this contract and will provide the single source of project management, responding directly to the City, for all aspects of the contract. Our team is structured to efficiently and effectively formulate the best response to any of the task assignments, City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
September 26, 2023 Page | 3
regardless of size and complexity. Our team is led by professionals with City institutional knowledge and in-depth understanding of the Regulatory Permitting processes and compliance.
RELATED EXPERIENCE AND PROJECTS
The table illustrates the diversity of RVA's Relevant Projects’ experience in providing Regulatory Permitting Services support for City of Chino. Our project experiences demonstrate a direct correlation with the same professional services that may/will be requested under the City's Regulatory Permitting Services RFP #2023-8006.
City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
September 26, 2023 Page | 4
Prado Sewer Pipeline & Lift Station, CA. The project consisted of installation of sewer pipelines extending approximately 2.4 miles
and construction of a new lift station. The sewer
pipeline alignments are largely within public
street right-of-ways, however, a portion of the
pipeline alignment and lift station are located
within the Prado Regional Park, a San
Bernardino County leasehold of Federal USACE
property. This portion of the project is also
located within a wetland habitat area and designated Critical Habitat for the endangered least Bell’s vireo and utilized subsurface horizontal directional drilling to minimize impacts.
RVA prepared the Initial Study/Mitigated Negative Declaration and public notices on behalf of the City of Chino as well as the Environmental Assessment and FONSI and notices on behalf of the USACE. RVA also assisted the USACE in consultation with US Fish and Wildlife Service and the State Historic Preservation Officer (SHPO). RVA obtained permits/approvals required from USACE (404), CDFW (1600 Streambed Alteration Agreement), and the Regional Water Quality Control Board (401 Certification).
Majestic Chino Heritage, Chino, CA. The Majestic Chino Heritage Project is located in the southern portion of the City of Chino, southwest of the City of Ontario, east of the City of Chino Hills, west of the City of Eastvale, and northwest of the City of Corona. The project site encompasses approximately
97 acres. The project proposes to develop two
industrial/warehouse buildings and associated features
on the approximately 97-acre vacant, undeveloped
project site. As part of the development, import of fill to the site from 5 local surrounding borrow areas, which are also vacant and unimproved, is required to elevate the
building's site above the 566-foot elevation and offset that volume by removing fill material at lower elevations within the Prado Dam basin. RVA was successful in obtaining approval of the Section 408 Permission, real estate approvals, and environmental process, including coordinating with the USACE as a license agreement is required from the USACE to borrow fill from lands within the Prado Dam basin. In addition, RVA prepared and obtained the project’s Section 401, 404, and 1600 regulatory permit applications. RVA prepared the Environmental Assessment and draft FONSI in the USACE format with very few comments from multiple reviewers.
Bending the River Back into the City, Los Angeles, CA. The Los Angeles “Bending the River Back into the City” project is located in the vicinity of the Spring Street bridge and North Broadway Bridge, within the Los Angeles River (LA River) channel, in the city of Los Angeles.
City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
September 26, 2023 Page | 5
RVA successfully completed the Environmental
Assessment (EA) and Initial Study/Mitigated Negative
Declaration (IS/MND) for the project. Also, RVA obtained agencies’ approvals required for Section 401, 404 and
1600 permits. RVA was successful in obtaining approval of Section 408 Permission. RVA biologists performed the
project’s pre-construction nesting bird surveys, created and presented a Worker Education and Awareness
Program to all workers and staff present during
construction, and served as biological and compliance monitors during the project’s construction phase.
Metro Shoemaker Bridge Project, CA. Shoemaker Bridge, built in 1959, connects downtown Long Beach to Interstate 710 (I-710). The bridge project is an early action project of the I-710 Corridor Improvements Project, stretching 17
miles from Long Beach to Interstate 60 in East
Los Angeles. RVA is responsible for acquiring
all permitting and preparing CEQA/NEPA
documents necessary for analyzing the
proposed geotechnical analyses for the new
bridge alignment.
RVA is currently working with regulatory agencies to gain approval for Section 401, 404 and 1600 permits, and developing the NEPA document, technical studies to allow geotechnical boring samples to be taken and analyzed along the proposed new bridge alignment. RVA is the lead in coordinating with USACE to obtain the Section 408 Permission and encroachment permits, and the hydraulic analysis which will require 2-D and perhaps physical 3-D modeling. This area of the Los Angeles River is extremely sensitive to changes in water surface elevations and flood risks given the population density and infrastructure adjacent and downstream.
Glendale-Los Angeles Garden River Bridge, Los Angeles River, CA. The City of Glendale intends to build a bridge over the Los Angeles River (named the Garden River Bridge) that is meant to be a continuation of the parks on the Glendale and Los Angeles sides of the river. The project will be an extension of the Glendale Narrows Riverwalk Phase 2 bike path in the City of Glendale and the Los Angeles River Bike Path in the City of Los Angeles.
RVA is currently working with regulatory
agencies to gain approval for Section 401, 404
and 1600 permits, and developing the
CEQA/NEPA document, technical studies to
allow geotechnical boring samples to be taken
and analyzed for the construction of a new pedestrian bridge alignment. RVA is the lead in coordinating with USACE to obtain the Section 408 Permission.
Alamitos Bay, Long Beach
Prepared the 401 and 404 permits,
responded to California Coastal
Commission comments, obtained the City
of Long Beach Local Coastal Development
Permit, and prepared the mandatory Detailed
report required by U.S. Army Corps of Engineers (USACE).
Pre- and post- construction Eelgrass surveys were also
conducted.
Project 275-513 Ocean Outlet
Modification Project at Playa Del
Rey, Los Angeles
LACPW Beaches and Harbor Permit for
construction monitoring, obtained USACE
Section 10 Permit and RWQCB Permit-Notice of Discharges letter. SWMD proposed to install a tidal flap gate at the outlet, install a metal sand and wave energy protection barrier at the outlet, repair a couple concrete panels at the top of the reinforced concrete box, removal of fouling organisms inside the storm drain near the outlet and fence replacement.
Environmental Documentation, Regulatory Permitting Compliance, and Project Experience RVA understands the dynamic changes occurring within the Los Angeles Basin and vicinity requires a modern, proactive approach to addressing and resolving new complexities in Environmental and Regulatory Permitting Compliance. RVA offers a team of professionals with the knowledge, understanding, and integrity to meet the Environmental Documentation, Regulatory Permitting, Environmental Permit Compliance, Mitigation, Community Outreach and Public Relations services required to complete any Basin project. RVA will work closely together with the City of Chino in a collaborative, communicative, and multiple disciplinary integrated manner to produce a high quality deliverable.
Earvin “Magic” Johnson Recreation Area
Master Plan, Los Angeles
Completed an EIR and negotiated approval of
the environmental permits, led Draft EIR public
meeting, conducted on-site community outreach
efforts, coordinated with the resource agencies, and
supported the L.A. County Department of Parks and
Recreation in obtaining the County Board Certification for this approximately 126 acre project.
Los Angeles Deep Draft Navigation Channel
Dredging
Development of the USACE EIS / EIRs and several
supplemental Environmental Assessments and
MNDs for deepening federal navigation channels to
accommodate the larger world fleet vessels. Coordination included multiple agencies such as USFWS, NOAA
Fisheries, EPA, Coast Guard, CCC, CDFG, RWQCB,
AQMD, Corps Regulatory, surrounding communities, Heal
the Bay, NRDC and other stakeholders.
Peck Water Conservation Basin Outlet
Modification Project, Arcadia
Development of IS/MND, technical studies, NEPA
Categorical Exclusion, regulatory permits
(404/401/1602) and USACE Section 408. The
proposed Project includes lowering
of the Spreading Basin’s outlet-works invert and
installing reinforced concrete pipe and reinforced
concrete box, followed by an open trapezoidal lowflow channel that discharges the flows into the Rio Hondo Channel.
Upper San Gabriel Valley MWD Indirect Reuse
Replenishment Project
Development of IS/MND, technical studies, NEPA Categorical Exclusion, regulatory permits (404/401/1602) and USACE
Section 408. The Indirect Reuse Replenishment Project (IRRP) is planned by the Upper San Gabriel Valley MWD to provide up to 10,000 acre-feet per year of recycled water from the San Jose Creek Water Reclamation Plant to replenish groundwater in the Main San Gabriel Basin.
Greater El Monte/North Hollywood Disadvantaged
Communities Stormwater Capture Study, El Monte
Under contract to USACE Los Angeles District,
developed a feasibility level
analysis for storm water capture within
a high-density area in the Los Angeles basin. The plan
included hydraulic analysis, historic flooding data,
environmental analysis, and public workshops.
RVA responsible for preparation of the
CEQA and NEPA documents, Section
404/401/1600 and USACE Section 408 permission
(permit). The project’s purpose and overall goal is to
physically divert water from the LA River to promote
water conservation and sustainability by providing a local source of water for beneficial use by public entities for irrigation.
Los Angeles County Drainage Area (LACDA)
Feasibility Study, EIS/EIR
Development of the USACE Feasibility Study, EIS
and EIR (two separate environmental documents).
Worked closely with USACE and LACPW team to
complete within a short, tight timeframe. The
project looked at the changes in the watershed due
to urbanization and the historic period of record.
Documents were successfully completed and
withstood public scrutiny and was certified by the
BOS enabling construction to start.
Shoemaker Bridge, Long Beach, CA (Metro)
RVA responsible for all permitting, technical studies, and CEQA/NEPA documents to allow geotechnical boring samples to be taken and analyzed along the proposed new bridge
alignment. This area of the Los Angeles River is extremely sensitive to changes in water surface elevations and flood risks given the population density and infrastructure adjacent and downstream.
Project 5241 - Reinforced Concrete Drain
Reconstruction Project at Dockweiler State
Beach, Los Angeles
Prepared a Marine Biological Assessment (MBA)
and Coastal Hazard Assessment (CHA) Report.
This included conduction of a beach shoreline survey,
open water habitat survey, and development of avoidance and minimization measures. Developed a coastal hazards
analyses, and identifed coastal risk and adaptation measures.
Coastal Harbors and Beach Communities Projects
Oversaw the approval of numerous coastal projects along central and southern California for 14 harbors and 20
coastal communities. The projects covered a wide range
including major depth draft navigation dredging, passes, breakwaters, groins, piers, docks, creation of artificial reefs, and wetlands restoration. Each project required the collaboration with multiple regulatory agencies and NGOs to resolve issues and acquire all permits and approvals. Obtained approximately 100 approvals from the California Coastal Commission for much needed community coastal projects through her negotiating skills.
Los Angeles River Invert
Access Ramp
Construction Willow Street
Prepared application packages for
the Clean Water Act Section 404 from
USACE, Clean Water Act Section 401
from Los Angeles RWQCB, and California
Fish and Game Code Section 1602
Streambed Alteration Agreement from the
California Department of Fish and Wildlife.
Los Angeles River Ecosystem
Restoration Feasibility Phase
Study, Los Angeles
Under contract to USACE Los
Angeles, developed a portion of
the feasibility phase study, including
plan formulation of alternatives, hydraulic
design analysis, GIS data analysis, and
EIR/EIS.
LA River/San Gabriel River Right-ofWay Conveyance (MWD) RVA will lead, facilitate or participate in
project coordination meetings with the
U.S. Army Corps of Engineers, Los
Angeles District (USACE) and LA County
Flood Control District (LACFCD) regarding
jurisdictional permits in crossing beneath
and laying pipe within either the Los
Angeles River or the San Gabriel River or
Los Angeles River.
Glendale - Los Angeles Garden
River Bridge Project, CA
RVA responsible for preparation of
the CEQA, NEPA, regulatory
permitting, and USACE Section 408
permit. The project is located in Glendale
adjacent to the LA River and near the LA
Zoo. The City Glendale intends to build a
bridge over the LA River meant to be a
continuation of the parks on the Glendale and
Los Angeles sides of the River.
Whittier Narrows Dam Deviation Study
Prepared IS/MND, EA, and
regulatory permit compliance
for a project consisting of a 5-year
increase in the water conservation
pool elevation of the Whittier Narrows Dam for the purpose of increased water conservation operations.
Don Wallace Multi-Use Trail Connector,
Calabasas RVA responsible for preparation
of the CEQA, Section 404/401/1600 and
LACFCD and Caltrans approval. The project
is located along Las Virgenes Creek and
proposed 1,100-foot multi-use trail segment
that provides vital connections to a larger
network of regional trails, ultimately providing
continuous trails from the interior areas of Los
Angeles County and the Santa Monica
Mountains Conservancy (SMMC) to the
Pacific Ocean, in Malibu, CA.
Bending the River Back into the City: The
Los Angeles River Water Wheel, Los
Angeles
Past Performance
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City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
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LITIGATION AND CONTRACT HISTORY
Within the past three (3) years or within the history of the RVA company, including owners, principal, vice presidents, or any/all staff members have never been:
1. Convicted or indicted involving alleged fraud, bribery, collusion, conspiracy, or violation of state or federal antitrust law;
2. Adjudicated or determined by any federal, state, or local agency to have violated any provision of law relating to equal opportunity or fair employment; or
3. Terminated of a contract for convenience or for cause.
RVA certifies RVA has not been disciplined in the last three (3) years or within the history of the RVA company as a Consultant by any government body or professional association.
PROJECT TEAM & KEY PERSONNEL QUALIFICATIONS
SENIOR LEADERSHIP
Ms Ruth Villalobos, President has over 40 years of Southern California experience in the environmental, planning, and engineering arena. Ruth will serve as the Principal-in-Charge and provide Quality Control/Quality Assurance for all project services within the Consultant Services Agreement. As the President of RVA, Ruth has the ability to control resources and priorities for the firm. Her in-depth knowledge of and experience in all facets of CEQA, NEPA and regulatory permitting make her the ideal Quality Control/Quality Assurance leader. Ruth performed these roles for several thousand projects over the past four decades. Ruth is a trusted advisor to numerous public agency clients and is anxious to work for the City in these roles.
Ruth is nationally recognized as a leader in the environmental planning and regulatory permitting industry. Ruth has established an excellent track record in successfully leading projects for public agencies and water agencies throughout the Santa Ana River and Los Angeles River watersheds, as well as throughout the southwest United States. Ruth’s recognition, institutional knowledge, and relationships allow her the ability to work closely with multi-jurisdictional resource agencies and special interest groups, to build consensus and resolve issues, to assist in the advancement of flood control/risk management, water conservation, stormwater capture basins, levees/dams, waterworks and utilities, roads and bridges, culverts, wetlands, ecosystem restoration, water quality, maintenance, trails, gates and fencing, ADA compliance and multi-use recreation projects.
Prior to establishing RVA, Ruth worked for the USACE for 34 years, serving as the Chief, Planning Division; Chief, Environmental Resources Branch; and Chief, Recreation Section at the Los Angeles District. She was also the Acting Deputy District Engineer. While with USACE, Ms. Villalobos oversaw the development of congressional planning decision documents, including reconnaissance and feasibility studies with NEPA (EIS/EA) reports. Throughout her career she has prepared several thousand NEPA/CEQA documents and thousands of permits for public agencies.
Through her high recognition and credibility in the industry, she continues to gain recognition for City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
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her strategic thinking, thorough, high-quality of work, responsiveness and resolving issues in an effective/efficient manner.
Mr. Juan Villalobos, Vice President has over 30 years of experience in the environmental, water resources planning, environmental, permits, landscape architectural, and engineering arena. Prior to joining RVA, in 2016, Juan had 20 years of experience with the USACE, Los Angeles District, in both the Planning and Engineering Divisions and had 15 years of experience working for Engineering, Planning & Environmental Consultant firms. He has been responsible for leading multi-disciplinary technical teams through the planning, environmental and design processes that included the overall management and execution of projects for implementation. His career project experience includes project & program management, flood risk & stormwater management, water conservation, innovative stormwater capture, ecosystem restoration, CEQA/NEPA, recreation master planning, open-space, multi-use trail system, and community outreach. Juan has strong coordination and negotiating skills, and a strong commitment to advocate, as legally allowable, for the best interest of the project proponents.
Ms Sonya Hooker, Vice President, Director of Environmental Services has over 20 years of experience in the environmental, planning and regulatory permitting business. Sonya leads a multi-disciplined group of professionals united in the goal to provide responsive and high-quality client service. Under Sonya’s direction, the skilled team provides consulting services to public and private sector clients throughout Southern California. Sonya navigates complex and controversial projects through the environmental compliance processes with her in-depth understanding of the evolving regulatory environment on a local, state, and federal level. Her collaborative approach unites legal and scientific support resulting in legally defensible documents while responsibly managing project budgets and keeping clients abreast of project status and challenges through the approval process.
RVA brings over 125 combined years of specialized experience and qualifications in preparing/ approvals for regulatory permitting and environmental permit compliance, preparing CEQA/NEPA documents, as well as technical studies, Section 408 Permission, and other similar types of services indicated in the RFP’s Scope of Services. RVA commits to bringing value-added as advisors to the City, providing quality service and products, being responsive to inquiries, being efficient and effective on executing projects, providing active communication, facilitating or leading agency coordination, and striving to exceed project expectations for the duration of this contract.
RVA is prepared to commit its personnel and its resources to serving the City by offering our services in accordance with the RFP’s Scope of Services including relevant experience, professional certification, license, and/or registration, education, and past experience for each of the required categories. RVA offers a high-quality technical team of experts necessary to meet the regulatory permitting, including Section 408 Permission, requirements for the project.
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ORGANIZATIONAL CHART
City of Chino Regulatory Permitting Services
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KEY TEAM MEMBERS
The table below identifies the RVA key team members for this contract. The information provided for each team member includes number of career years of experience, education, registration/licenses and relevant past experience.
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City of Chino Regulatory Permitting Services
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REFERENCES
City of Chino Regulatory Permitting Services
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PLAN METHODOLOGY/PROJECT APPROACH
RVA is pleased to provide this proposal in response to the request from the City for regulatory permitting services related to the Pine Avenue Widening Project, also known as “Pine Avenue Stage 3.”
PROJECT UNDERSTANDING
The Project site is located within Pine Avenue between Meadowhouse Avenue and Rincon Meadows Avenue. The Project consists of storm drain improvements across Pine Avenue from the north and south side of Pine Avenue. An area of the Project is located within the USACE’s flowage easement area at and below the 566 NGVD 29 elevation which is the USACE’s Prado Dam reservoir inundation area. Any proposed grading activities for the project will require borrowing fill material from the Orange County Flood Control District’s (OCFCD) property, located with the Prado basin, to maintain the Prado Dam reservoir capacity.
RVA will utilize the City’s current plans to complete the proposed Technical Analysis reports (Task 2-4) and NEPA Environmental Assessment (Task 5-7) included in this scope of services to prepare application packages for the following permits:
• Clean Water Act Section 404 Nationwide Permit (NWP) from the USACE; • Clean Water Act Section 401 Water Quality Certification from the Santa Ana Regional Water Quality Control Board (RWQCB);
• California Fish and Game Code Section 1602 Streambed Alteration Agreement (SAA) from the California Department of Fish and Wildlife, Inland Deserts Region (Region 6); • Section 408 Permission from the USACE.
PROPOSAL ASSUMPTIONS
The following assumptions are made in consideration of our proposal:
1. Access to the site will be provided to the RVA Team by the City prior to the initiation of any environmental work.
2. The regulatory agencies, including the USACE, will require a biological resources assessment and jurisdictional delineation for permission processing and issuance.
3. The Section 404 permit would likely be a Nationwide Permit from the USACE. Should the impacts be greater than anticipated, an Individual Permit would be required, and additional time and costs would be outside of this scope of work.
4. The scope and budget does not include USFWS Section 7 consultation.
5. If any compensatory mitigation is required, it is anticipated to consist of the purchase of off-site mitigation credits. No on-site mitigation is anticipated.
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6. The City will provide all engineering support, such as engineering drawings, studies and assistance with preparation of any required comprehensive project design descriptions (i.e., grading, hydrology, drainage, geotechnical, soils, etc.), required for permit processing.
7. The City will provide a detailed list of construction equipment anticipated to be used for the construction phasing and grading/excavation/paving quantities.
8. The Project is consistent with The Preserve Specific Plan Project pursuant to the California Environmental Quality Act (CEQA) and will not require additional CEQA approval.
9. Technical Studies for Traffic and Transportation and Noise are not included in this scope and would require additional scope and budget if the City determines these are necessary.
10. The Technical Studies and NEPA documentation efforts will commence with completion of a project description that has been reviewed and approved by the City. If the project description changes after the technical studies and/or the environmental documents have started, additional effort and associated budget may be required.
11. Official government to government Native American Consultation is not included in this scope of work.
12. The City will pay all fees to the agencies for permit processing and filing. RVA will identify the amounts required by the agencies.
13. No Caltrans approval is anticipated.
14. Modification within the USACE’s flowage easement lands, including work within portions of Pine Avenue rights-of-way will require a Section 408 permission from the USACE.
15. The City will need to coordinate with San Bernardino County Public Works (SBCPW) for developing a new or utilize an existing Section 214 agreement with the USACE to identify funding necessary for USACE staff to conduct project meetings, reviews and obtain approval for Section 408 permission.
16. Upon receipt of the 90% design package and approval of a Section 214 agreement, the scope estimates the completion/approval of the Section 408 permission in approximately 12 months.
17. This proposal is based on the level of effort anticipated to be needed based on experience on recent projects and with the current federal and state laws, policies, and requirements in place at the time of this proposal. If new laws or policies are enacted subsequent to the preparation of this proposal, additional effort and associated budget may be required.
SECTION 408 PERMISSION COMPLIANCE
RVA has successfully obtained approvals for over 70 Section 408 Permission from USACE to modify UASCE constructed projects within their rights-of-way. Projects have ranged from simple utility lines attached to bridges, utility poles/transformers within the right-of-way, to complex 96- City of Chino Regulatory Permitting Services
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inch storm drains with convergent flows from 2 tributaries with proposed new storm drains which required 1D and 2D modeling, to extensions of levees tying into the existing USACE levee.
Ruth Villalobos has over 34 years of experience working at all levels within the USACE Los Angeles District, and over 10 years in the private sector. Juan Villalobos has 20 years at USACE Los Angeles District and over 15 years in the private sector. USACE policies and procedures have dramatically changed in the Section 408 arena post Katrina findings, and particularly in the last few years. RVA worked closely with in San Bernardino County to facilitate approvals for numerous 408 permissions for cities and developers while simultaneously assisting USACE through their process.
Our working history at the USACE Los Angeles District and long-standing relationships with the USACE combined with our in-depth knowledge of the Section 408 Permission process help us to expedite projects. RVA has amassed “lessons learned” from each Section 408 Permission project allowing us to apply these lessons to our review of each submittal, thereby reducing the number of comments and submittals. Although key experienced USACE Section 408 employees have retired or left within the past few years, RVA continues to strengthen our relations with the new USACE (408) team, and we are in communication with the USACE District team on a weekly basis.
RVA maintains an excellent ongoing relationship with each USACE reviewer in the process and interact closely with them individually to find ways to accelerate reviews, schedule meetings and conference calls, conduct site visits, and gain expedited resolutions and/or approvals on technical issues. RVA has drafted and facilitated numerous 214 Agreements through the system to allow staff funding.
SCOPE OF WORK
The following tasks will be conducted as part of the above defined efforts:
Task 1 – Project Management/Administration and Meetings RVA will perform project management to include overall administration and conduct coordination and meetings to successfully execute the completion of the Project. The Project Manager (PM) will be responsible for management and supervision of the Project Team, as well as coordination with the City. The PM will coordinate with the technical staff, subconsultants, support staff and word processing toward the timely completion of the NEPA document, permits, and Section 408 Permission. A draft Project schedule will be prepared and provided to the City for review within 7 calendar days following NTP. The schedule will be monitored on a regular basis and reviewed/revised on an as-needed basis. Minutes to the kick-off meeting will be prepared and submitted to the City within 7 calendar days following the meeting.
The RVA PM will facilitate a kick-off meeting with the City and RVA team at the Project site which will occur prior to start of work to ensure RVA’s work can be most focused on the City’s compliance and need objectives.
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a. Deliverables:
• Project schedule
• Kick-off meeting minutes
Task 2 – Biological Resources Assessment and Jurisdictional Delineation Report RVA will conduct a literature/database review, field review, habitat assessment, jurisdictional delineation and report preparation. The literature/database review will include review of state and federal databases of sensitive species known to occur in the area. The field review will include a pedestrian survey by biologists of the entire project area, including a standard 200-foot buffer area, for both common and sensitive wildlife and endemic plant species. A habitat assessment will be conducted for sensitive and general plan communities, including wetland vegetation, as well as birds and aquatic species.
RVA will conduct a jurisdictional delineation evaluation within waters of the US (i.e., bank to bank).
The extent of disturbance to waters/wetlands and riparian vegetation will be identified. The field review will include photo documentation of upstream and downstream conditions of habitats, sensitive resources and jurisdictional boundaries using GPS. The field work will provide the data necessary to visually depict the limits of “waters of the US” and “waters of the State.” The report of findings will include project site baseline information, a description of the habitats found on site, regulatory requirements, and recommendations for avoidance, minimization, impacts, and mitigation measures, where applicable.
Once the site visits are conducted and the project site baseline information is obtained, RVA team will prepare a Biological Resources Assessment/Jurisdictional Delineation Report that will discuss the habitat found on site, regulatory requirements, impacts, and make recommendations for avoidance and minimization measures, where applicable. Any biological consultation, negotiation, and recommendation will include the City and the regulatory agencies. For any jurisdictional areas, our findings will document existing conditions and jurisdictional resources and regulatory approvals that may be required for impacts to these resources.
The jurisdictional delineation will provide the technical information necessary to support CEQA/NEPA and the regulatory permit applications for project-related impacts to “waters of the United States” and “waters of the State”.
Mapping, using a GIS platform, will be prepared by RVA and utilized in analysis of acres of impacts to jurisdictional boundaries for waters of the U.S. and State and habitats on and adjacent to the site.
b. Deliverables:
• Biological Resources Assessment
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Task 3 – Cultural Resources Assessment Report
A records search for cultural resources (archaeological and historical) will be conducted through the South Central Coastal Information Center located at the California State University, Fullerton.
The objective of this archival research will be to establish the status and extent of previous surveys in the project area and to note what types of resources might be expected to occur within the Project boundaries. It will also provide information about surface or buried cultural resources that might be encountered.
A systematic pedestrian field survey of 100 percent of the accessible project will be conducted by field personnel trained to recognize cultural resources (prehistoric and historic archaeological, and historic architecture). The purpose of the field survey is to identify any previously unidentified resources and update site records for previously recorded cultural resources. The field crew will walk parallel transects 10-15 meters apart across the accessible project site. Any cultural resources that are identified would be recorded on the required Department of Park and Recreation (DPR) 523 forms.
RVA team will produce a cultural resources report that will be consistent with Section 106 of the National Historic Preservation Act (NHPA). The report will include a project description and location maps, as well as methods, results, and recommendations sections. Department of Park and Recreation (DPR) 523 forms will be attached to identify and evaluate a maximum of one historic-period property. A maximum of one round of comments is anticipated. a. Deliverables:
• Cultural Resources Assessment Report
Task 4 – Air Quality and Greenhouse Gas (GHG) Assessment The project is located within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Baseline meteorological and air quality data developed through the California Air Resources Board (CARB) will be utilized for the description of existing ambient air quality. This will include a discussion on criteria pollutants and the ambient air quality standards. Air quality data from the nearest air quality monitoring station will be included to help highlight existing air quality local to the Project area. Federal, State, Regional, and Local air quality regulations will be discussed. A qualitative letter report with air quality (AQ) and greenhouse gas (GHG) assumptions using construction equipment estimates will be prepared for construction impacts.
a. Deliverables:
• AQ/GHG Report
Task 5 – Administrative Draft Environmental Assessment
RVA will prepare an Administrative Draft Environmental Assessment (EA) to determine if the Project will have a significant effect on the environment. RVA will prepare the Administrative Draft EA using USACE procedures and policies. The Administrative Draft EA will contain a description City of Chino Regulatory Permitting Services
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of the Project as it pertains to the Section 408 and 404 permits, the Project location, and a description of the environmental setting of the Project site. The document will include a brief explanation of the significance determination, based on information obtained from reports and preliminary investigation into local, state and federal plans, policies and regulations. This document will reflect site plans and any additional information gathered during background research. The Administrative Draft EA will be submitted to the City for a 30-day review. a. Deliverables:
• Administrative Draft EA
Task 6 – Prepare Public Review Environmental Assessment After receiving the USACE’s comments on the Administrative Draft EA, RVA will respond to one consolidated set of comments. Changes to the draft document will be completed in MS Word “track changes” to assist the USACE’s review. RVA will prepare a final version of the EA with all comments from the USACE incorporated into the document. The Public Review EA will be a “clean” version, and all track changes from the previous version will be accepted/removed. This version will be available to the public for review at the USACE’s discretion. a. Deliverables:
• Revised Administrative Draft EA (electronic copy)
• Public Review EA (electronic copy)
Task 7 – Prepare Responses to Comments to Public Review EA Upon conclusion of the public review period, RVA will prepare written responses to comment letters or emails submitted to the USACE. RVA has budgeted responses for up to 3 significant comments and any additional comments will require a scope modification. RVA will prepare thorough, reasoned, and appropriate responses to relevant environmental issues. Upon completion of these Responses to Comments they will be submitted to the USACE for review.
Responses to comments may require minor editorial revisions to the EA, however it is not anticipated that major revisions or new analysis would be required. It is not anticipated that excessive comment letters will be received and that responses will not require additional modeling or analysis. Upon USACE approval of the Project and certification of the EA, RVA will provide the final document to the City.
a. Deliverables:
• Draft Responses to Comments and Revised EA (electronic copy) • Final Responses to Comments and Revised EA (electronic copy) • Final EA document (electronic copy)
Task 8 – Section 404/401/1600 Permit Application Packages Preparation & Submittals RVA will prepare the submittal permit packages for Section 404 NWP, Section 401 Water Quality Certification Permit (RWQCB), and 1600 SAA (CDFW) that will include the Project description with City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
September 26, 2023 Page | 19
construction timing and equipment, plans, the permanent and temporary impacts anticipated to jurisdictional features, and proposed avoidance, minimization and mitigation measures. The City will provide the engineering information to include types and numbers of equipment, construction methods, drawings/plans, staging and disposal areas, and start and completions dates.
RVA will prepare the draft applications and provide to the City for review. The City and RVA will jointly discuss any changes to the applications via a conference call to expedite finalization and submittal to the agencies. RVA will submit the application packages to the City for signature prior to submittal to the regulatory agencies. RVA will identify the application fees (amount and to whom checks are made payable to) that will need to be provided by the City to include in the application package submittals.
a. Deliverables:
• Section 404, 401, 1600 permit applications
Task 9 – 404/401/1600 Permit Application Processing
RVA will conduct and facilitate coordination with the resource agencies during the permit application process. RVA will communicate on a regular basis with the agency’s point of contact and provide an update status to the City via email. This communication and coordination tasks include continuous follow ups with each of the agencies to confirm receipt and assignment to an agency project manager, for status of review of the application packages, and to identify and respond to any questions or additional information requests. Coordination also includes attendance at meetings with the City and with regulatory agency staff at the respective agency’s offices in Los Angeles, Riverside, and Ontario, as well as at the Project site, if requested.
RVA will request a draft of the permits prior to the final issuance in an effort to allow the City and RVA to review and provide comments and requested changes. If comments/revisions are required, then RVA will coordinate with the City and applicable agencies to resolve issues and obtain agreement from all parties. It is anticipated this task could include the potential need to assist the USACE in the development of a draft Section 7 Consultation letter to the US Fish and Wildlife Service and/or letters to the appropriate tribes and the State Historic Preservation Officer (SHPO) for NHPA Section 106 compliance consistent with USACE requirements.
It is challenging to adequately estimate the amount of time and effort required to coordinate with the multiple agencies, address their comments and obtain permit approvals. This is typically due to, but not limited to: changes in federal or state regulations, new federal and state case law, implementation of new policies and procedures at one or more of the agencies and turn over in agency project manager assigned to process the permits. Should additional task effort be required RVA will notify the City as soon as possible and request a modification to the scope. RVA will not conduct additional effort beyond the agreed fee for this task without authorization from the City.
a. Deliverables:
• Approved Section 404, 401, 1600 permits
City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
September 26, 2023 Page | 20
Task 10 – USACE Section 408 Permission Application Package Preparation & Submittal RVA will prepare an Administrative Draft 408 Permission package submittal to the USACE. RVA will prepare the Administrative Draft 408 Permission package using the USACE’s most recent 408 Permission submittal checklist and guidance. During the Section 214 agreement process, RVA will assist the City in facilitating any meetings with the USACE and SBCPW to ensure there are no major issues with the design being planned. The Administrative Draft 408 Permission package will contain a description of the proposed change to the USACE facility, the project location, and all required engineering plans, studies and calculations for the proposed change to a USACE facility. This package will also contain construction plans, environmental documentation, technical studies prepared for the 408 Permission, and any additional information gathered during background research. The Administrative Draft 408 Permission package will be submitted to the USACE review and comments. RVA will facilitate the responses to comments and revisions to the plans. Assume 2 rounds of comments and revisions to finalize the 408 Permission package and submittal to the USACE. The completion of this task requires the receipt of the City’s engineering plans & calculations (90% level). RVA has successfully obtained approval for over 70 permits. a. Deliverables:
• Administrative Draft 408 Permit package sent via the USACE’s online file transfer service and/or email
• Administrative Draft 408 Permit package sent via email and/or online file transfer service to the City
Task 11 – USACE Section 408 Permission Processing
RVA will be responsible for management and supervision of the 408 Permission progression after submittal to the USACE, as well as coordination with agencies that have discretion with the 408 Permission (such as the Regional Water Quality Control Board, U.S. Fish and Wildlife, California Department of Fish and Wildlife, California State Historic Preservation Office, etc.). On behalf of the City, RVA will conduct and facilitate coordination with the USACE during the permit application process. RVA will communicate on a regular basis with the USACE’s point of contact and provide an updated status to the City via emails. The communication and coordination tasks include the necessary ‘follow ups’ with each of the agencies to confirm receipt and assignment to an agency project manager, for status of review of the application packages, and to identify and respond to any questions or additional information requests. Coordination also includes attendance at meetings with the City.
RVA will facilitate and manage version control with comment rounds with the USACE and response to comments with the City and their 408 Permission team for a total of two (2) comment rounds.
RVA will prepare draft letters, internal memoranda, and documents for the USACE to expedite processing the various elements of the 408 Permission.
a. Deliverables:
• Section 408 Permission
City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
September 26, 2023 Page | 21
SCHEDULING OF WORK
RVA has a history of successful schedule and budget compliance, which is a direct result of the attention paid to project planning and scheduling. We use Microsoft Project to monitor schedule performance. The project schedule is developed at the project stage, reviewed at all project meetings, and updated regularly throughout the life of the project. Our team can meet the demands of accelerated project schedule through the use of Critical Path Method scheduling. This method is central to our approach in scheduling all planning processes.
Prior to initiating our efforts, a thorough understanding of the City project objectives is essential in order to achieve successful documentation and timely approval for your projects. RVA will work closely with the City to identify specific goals, objectives, and critical issues. This initial project scoping and understanding is very important.
Recognizing the need for City to effectively schedule project oversight reviews, RVA understands the importance of a project schedule as a key communication tool in the management of a project.
The detailed project schedule will include several key aspects that maximize effectiveness:
✓ Information must be easily communicated and understood. ✓ Collaboration between all appropriate subject matter experts of the project team. ✓ Inter-relationship of tasks are identified, including internal QA/QC and agency review periods.
✓ Data must be simple to use and update.
Specific critical path items or key critical decisions that affect plan development will be identified on a continual basis to ensure the project schedule is met. RVA will promptly notify City of any changes in the anticipated project progress.
AVAILABILITY AND CAPABILITY COMMITMENT
RVA has an estimated 60-70% current workload program with the capacity of resources to mobilize the right team members for completion of the Scope of Services. Staff availability and responsiveness are critical elements to consider when managing and delivering work on a complex project with a tight schedule. RVA has a dedicated Team for this project, and we have ensured, through looking at forecasts, that we can fully support the City over the lifespan of the project. RVA’s Principal-in-Charge, Ruth Villalobos, is personally committed to meeting all City contract needs and will authorize any team member reallocations, including augmenting project personnel as needed to respond to project modifications.
City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
September 26, 2023 Page | 22
FEE PROPOSAL
Fee proposal submitted as a separate PDF file (Cost File).
City of Chino Regulatory Permitting Services
Request for Proposal No. 2023-8006
September 26, 2023 Page | 23
CONFLICT OF INTEREST STATEMENT/
ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS/
ACKNOWLEDGEMENT OF TERMS AND CONDITIONS
01225.0001/863604.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
No Special Requirements.
01225.0001/863604.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.
II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
III. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
9/26/2023
Hours $ Hours $ Hours $ Hours $ Hours $ Hours $ Hours $ Hours $
TASK DESCRIPTION
1 Project Management/Administration 36 $8,352 72 $13,752 16 $2,784 $0 12 $1,812 $0 26 $2,470 162 $29,170 2 Biological Resources Assessment and
Jurisdictional Delineation 1 $232 2 $382 $0 $0 12 $1,812 22 $3,010 $0 37 $5,436 3 Cultural Resourcess Assessment Letter Report 1 $232 2 $382 6 $1,044 18 $2,973 $0 $0 $0 27 $4,631 4 Air Quality and Green Gas Assessment 1 $232 2 $382 6 $1,044 14 $2,268 $0 $0 $0 23 $3,926 5 Administrative Draft EA 1 $232 8 $1,528 32 $5,568 185 $30,002 $0 $0 $0 226 $37,330 6 Prepare Responses to Comments EA 1 $232 1 $191 3 $539 12 $1,944 $0 $0 $0 17 $2,906 7 Prepare Responses to Comments Public Review
EA 1 $232 1 $191 7 $1,201 $0 $0 $0 $0 9 $1,624
8 404/401/1600 Permit Application Packages 1 $232 6 $1,146 $0 $0 20 $3,043 167 $23,310 $0 194 $27,731 9 404/401/1600 Permit Application Processing 1 $232 4 $764 $0 $0 128 $19,328 38 $5,320 $0 171 $25,644 10 Section 408 Permission Application Package 24 $5,568 84 $16,092 $0 $0 $0 $0 $0 108 $21,660 11 Section 408 Permission Processing 16 $3,712 126 $24,028 $0 $0 $0 $0 $0 142 $27,740 $187,797
Project Manager/
Section 408 Biologist
TOTAL
$151
TASKS
$174 $95
Administrative
Assistant Senior Biologist
$191 $162
Senior NEPA
Planner NEPA Planner
City of Chino Regulatory Permitting Services RFP 2023-8006 Pine Avenue Widening/Stage 3 Project
Principal in
Charge/QAQC
$232
TOTAL
$140
EXHIBIT C-1
01225.0001/863604.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely per direction from the Project Manager.
II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.